FOR blindly following an order from his superior, a mid-level executive of the National Agribusiness Corp (Nabcor) is now facing six to eight years in jail.
The Sandiganbayan has affirmed the conviction of Nabcor technical specialist Dennis Lozada for one count of graft in relation to the anomalous release of P4.48 million Priority Development Assistance Fund (PDAF) allocations of former Batangas Rep. Mark Llandro Mendoza in 2008.
Associate Justice Bernelito R. Fernandez penned the 13-page resolution that denied Lozada’s motion for reconsideration for lack of merit. Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno concurred.
Based on the criminal charge filed in 2022, Lozada was accused of illegally releasing P4.85 million public funds to the Center for Mindoro Integrated Development Foundation Inc. (CMIDFI) in conspiracy with other Nabcor officials and private defendant Eulalio Garcia, representative of the NGO.
During trial, Lozada admitted he signed two disbursement vouchers in January 2008 after being told to do so by his immediate supervisor, Roseph Velasco-Castelo, who was not charged at all.
The defendant said Castelo, who was traveling at the time, called him up to instruct him to sign the disbursement vouchers as it was urgent and he was the most senior staff present at the office.
In convicting Lozada, the court pointed out that in signing the vouchers for P4.365 million and P485,000, he removed the final safeguard and allowed the release of the P4.85 million in favor of CDIMFI.
Lozada asked the court to reverse its decision, insisting he acted in good faith by merely following the orders of his higher-up.
“Accused Lozada acted with gross inexcusable negligence when he signed Box A of disbursement vouchers dated January 18, 2008 and June 3, 2008 …knowing fully well that he was never officially designated and authorized to sign,” the court said.
It added that the defendant’s defense of good faith must fail in the face of his admission that he was not authorized to sign and that the said act was not a part of his job description.
